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Trenton Board of Trustees

April 12, 2016

Trenton, NE

REGULAR MEETING

 

A meeting of the Board of Trustees of the Village of Trenton, NE, was convened in open and public session, Tuesday, April 12, 2016 at 6:30p.m. at the Village Office.  Present:  Chairman Rundel, Trustees McArthur, Neely, and Poppert, Clerk McKain, Attorney Schroeder, Kyle Drain, Larry Evans, Jessy Kauffman, Aaron Leggott, Phil McDonald, Samantha Rife and Judy Todd.  Vice-Chairman Frakes was absent.  Availability of the agenda was communicated in advance notice and in the notice sent to the Chairman and Trustees of the meeting. All proceedings hereafter shown were taken while the meeting was open to the public.

 

Roll Call was taken at 6:30pm and quorum was verified.

 

Citizen Forum:  J. Todd made a complaint against a pit bull dog that attacked her dog while on a walk.  Todd stated she was pretty sure the dog belonged to K. Breidenbach.  Todd also stated the dog has “charged” at her several times.  Schroeder stated the ordinance is on the agenda and once approved, the Animal Control Director may declare the dog dangerous and the village would process as the ordinance allows.

 

K. Drain inquired about the ordinance on animals.  He asked that all ordinances be enforced.

 

Motion made by Neely and second by McArthur to approve agenda. Ayes: McArthur, Neely, Poppert, and Rundel.  Nays: None.  Absent: Frakes.  Motion carried.

 

Motion made by McArthur and second by Poppert to approve the March 23, 2016 meeting minutes.  Ayes: McArthur, Neely, Poppert, and Rundel.  Nays: None.  Absent: Frakes.  Motion carried.

 

Motion made by McArthur and second by Neely to approve treasurer’s report.  Ayes: McArthur, Neely, Poppert, and Rundel.  Nays: None.  Absent: Frakes.  Motion carried.

 

Attorney Schroeder discussed the ordinance for vicious dogs, which is set for approval later in the meeting.  Attorney Schroeder left the meeting at 7:23pm.

 

Utility Superintendent Reports: Electric Department: Leggott reported department is running well.  Water Department: Leggott stated he could not report on the water conference that Vrbas attended.  Leggott stated the village lost the water contest by one point.  Leggott provided a quote for total upgrade and repair of the South well.  Rundel asked that a quote be obtained for the North well too.  Sewer Department: Leggott stated the department is running well.  Trash Department: Leggott reported Stratton will host a clean-up day and two dump trailers were being utilized on April 15th for Stratton.  Street Department:  Leggott stated the department is running well.  Park Department: Leggott stated he will begin mowing the park on a regular basis and some sprinkler heads are being replaced.  Leggott stated they have been working on cleaning up the ball field.  Pool Department:  Leggott stated McKain and Vrbas will attend pool operator class on April 20th.  CPR class is scheduled for April 30, 2016 and Lifeguard certification is scheduled for May 23-26, 2016 and Lifeguard re-certification is scheduled for May 26th.  Only one lifeguard application has been received.  A discussion was made and it was decided to continue to take pool applications until May 10, 2016.  If there is a lack of applicants, the pool will not open for the 2016 season.

 

Animal Control: Leggott stated there are 22 cats and 160 dogs licensed within the village for the 2016 year.  There were 5 warnings for failure to license, 3 warning for running at large, 7 citations for failure to license and 0 citations for running at large during the month of March 2016

 

Village Office:  McKain stated there were no deposits to return this month.  McKain stated she continues to review a sample employee handbook from LARM, Re-codification and disaster plan.  This process is taking more time to complete due to the lack of support in the office.  McKain stated the application for the 2016 scrap tire grant is awaiting results.  McKain stated the audit had been submitted to the State Auditor.  Mckain provided information for the LARM worker’s compensation Audit.  McKain stated the license for Channel 4 was approved and expires on June 1, 2022.  McKain stated the Pool Operating Permit was received for the 2016 season.  McKain stated a representative from PowerManager is scheduled for a demonstration on April 18, 2016.  McKain provided a bad debt write-off as suggested by the Auditor.  Several of these accounts were from 2010-2013 and McKain has not been able to collect or locate.  After discussion, motion made by Neely and second by McArthur to write-off bad debt in the amount of $9,860.17. Ayes: McArthur, Neely, Poppert, and Rundel.  Nays: None.  Absent: Frakes.  Motion carried.

 

Library: No information provided for the agenda.  Evans provided the board with a copy of the library report.  Evans stated he has had several inquiries on having the ordinances online and he is willing to format them to get them online.  Rundel stated the village is in the process of re-codification, at which time he believes the information would be available for online access.  Evans stated the board minutes have not been posted for online viewing for over a year.  Rundel handed Evans a new reporting form for an account of library activity, which should be turned in weekly. 

 

Planning Commission: No information provided for the agenda.  Evans reported that not all members were present for the meeting and the Comprehensive Plan has not been reviewed.

 

El Dorado Board: Rundel stated that the El Dorado Board is working with W Design and moving forward on the installation of a new generator.

 

Housing Board – No information provided for the agenda.  Todd reported the housing units are currently full; however, several openings will be coming in June or July.

 

Tree Board: No information provided for the agenda.  Rundel stated he attended the Tree City USA conference in Lincoln.  Rundel stated a forester workshop will be hosted in Trenton in the fall of 2016.

 

Board of Health: Rundel stated a hearing was conducted and the issue has been resolved at this time.

 

Unfinished Business: Rundel stated he has not progressed much on the wind turbine project due to unicameral being in session.  Rundel stated in the next 30-60 days the village needs to make a determination as to who the electric supplier would be.  Rundel stated a supplier would present additional information at the May meeting. Rundel stated Frakes and Vrbas are working to get plans for the advertisement of bids.  Surveys have begun for the water main project.  Poppert stated the gazebo would be handicap accessible by the end of May 2016. Rundel stated he has tried to contact the fire marshal on codes for the building; however, he has been unsuccessful, but will continue to try.  Neely stated that Frakes and him have toured the town, removed a few from the listing and added a few to the list, as well as, continue to monitor the progress on properties.  The airport is still awaiting approval for closure.  Rundel stated grant funding for recycling is still available; however, he is having trouble finding ways to unload the items from a trailer.  Rundel would like the tree branch site to be the location for recycling; however, separation of items will be an issue.  It was mentioned that the tree branch site operator needed to be aware of who and what was being deposited.  Rundel sated the village office basement has been cleaned up and that an overlay of the walls is needed.  After discussion it was determined to go ahead with the basement wall repair at the village office.

 

Ordinance and/or Resolution:  Trustee Neely introduced Ordinance No. 789. After the reading of the ordinance.  Trustee Neely made a motion which was seconded by Trustee McArthur to suspend the statutory reading of the ordinance on three separate days. Ayes: McArthur, Neely, Poppert, and Rundel.  Nays: None.  Absent: Frakes.  Motion carried.  Motion by Neely with second by Poppert to pass and adopt Ordinance No. 789 on final reading. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None.  Absent: Frakes.  Motion carried. A true copy follows:

 

ORDINANCE NO. 789

AN ORDINANCE AMENDING SECTION 6-101 OF THE MINICIPAL CODE OF THE VILLAGE OF TRENTON, NEBRASKA RELATING TO LICENSURE OF ANIMALS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR ITS PUBLICATION AND EFFECTIVE DATE.

            BE IT ORDAINED BY THE CHAIRMAN AND THE VILLAGE BOARD OF

TRUSTEES OF THE VILLAGE OF TRENTON:

Section 1.        That Section 6-101 of the Municipal Code of the Village of Trenton, Nebraska is amended to read as follows:

 

§6-101 DOGS/CATS; LICENSE.  Any person who shall own, keep, or harbor a dog or cat over the age of three (3) months within the Municipality shall within thirty (30) days after acquisition of the said dog or cat acquire a license for each such animal annually by or before the first day of January of each year.  The said tax shall be delinquent from and after January 10th; provided the possessor of any dog or cat brought into or harbored within the corporate limits subsequent to January 1st of any year, shall be liable for the payment of the tax levied herein.  Licenses shall be issued by the Municipal Clerk upon the payment of a license fee of $5.00 for each dog or cat (other than dangerous dog).  Said license shall not be transferable and no refund will be allowed in case of death, sale, or other disposition of the licensed animal.  The owner shall state at the time the application is made and upon printed forms provided for such purpose, his name, and address and the name, breed, color, and sex of each dog or cat owned and kept by him.  A certificate that the animal has had a rabies shot, effective for the ensuing year of the license, shall be presented when the license is applied for an no license or tag shall be issued until the certificate is shown.

 

Section 2.        The existing provisions of section 6-101 and all other Ordinances in conflict herewith are repealed.

 

Section 3.        This Ordinance shall be effective upon its passage and publication as provided by law.

 

Passed and adopted this 12th day of April, 2016.

                                                                                    John A. Rundel, Chairman

ATTEST:                                                                     Trenton Board of Trustees

Wendy L. McKain, Village Clerk

 

Trustee Neely introduced Ordinance No. 790. After the reading of the ordinance.  Trustee Neely made a motion which was seconded by Trustee McArthur to suspend the statutory reading of the ordinance on three separate days. Ayes: McArthur, Neely, Poppert, and Rundel.  Nays: None.  Absent: Frakes.  Motion carried.  Motion by Neely with second by Poppert to pass and adopt Ordinance No. 789 on final reading. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None.  Absent: Frakes.  Motion carried. A true copy follows:

 

ORDINANCE NO. 790

 

AN ORDINANCE AMENDING SECTION 6-501 OF THE MINICIPAL CODE OF THE VILLAGE OF TRENTON, NEBRASKA RELATING TO THE PENALTIES; PROVIDING FOR REPEAL OF ORDINANCE IN CONFLICE HEREWITH; AND PROVIDING FOR ITS PUBLICATION AND EFFECTIVE DATE.

 

            BE IT ORDAINED BY THE CHAIRMAN AND THE VILLAGE BOARD OF

TRUSTEES OF THE VILLAGE OF TRENTON:

 

Section 1.        That Section 6-501 of the Municipal Code of the Village of Trenton, Nebraska is amended to read as follows:

 

§6-501 VIOLATION; PENALTY.  It shall be unlawful for any person to fail to comply with the provisions herein, and every person failing to comply with, or violating any of the provisions of this Chapter shall be deemed to be guilty of a misdemeanor, and upon conviction thereof, shall for each offense, be fined in any sum not exceeding five hundred ($500.00) dollars.  Violations of Section 6-101, 6-106, 6-108 and 6-111, shall be fined a minimum of $25.00 on the first offense, and a minimum of $50.00 for the second, and a minimum of $100.00 with a maximum of $500.00 for each subsequent offense.

 

Section 2.        The existing provisions of section 6-501 and all other Ordinances in conflict herewith are repealed.

 

Section 3.        This Ordinance shall be effective upon its passage and publication as provided by law.

 

Passed and adopted this 12th day of April, 2016.

 

                                                                                    John A. Rundel, Chairman

ATTEST:                                                                     Trenton Board of Trustees

Wendy L. McKain, Village Clerk

 

Trustee Neely introduced Ordinance No. 791. After the reading of the ordinance.  Trustee Neely made a motion which was seconded by Trustee McArthur to suspend the statutory reading of the ordinance on three separate days. Ayes: McArthur, Neely, Poppert, and Rundel.  Nays: None.  Absent: Frakes.  Motion carried.  Motion by Neely with second by Poppert to pass and adopt Ordinance No. 789 on final reading. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None.  Absent: Frakes.  Motion carried. A true copy follows:

 

ORDINANCE NO. 791

 

AN ORDINANCE AMENDING OR ADDING SECTIONS 6-104. 6-108, AND 6-122 THROUGH 6-142 OF THE MINICIPAL CODE OF THE VILLAGE OF TRENTON, NEBRASKA RELATING TO THE LICENSURE, PENALTIES; DEFINES DANGEROUS OR VICIOUS ANIMALS AND POTENTIALLY DANGEROUS ANIMALS’, AND PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR ITS PUBLICATION AND EFFECTIVE DATE.

 

BE IT ORDAINED BY THE VILLAGE BOARD OF THE VILLAGE OF TRENTON:

 

Ordinance No. 6-104, 6-108 and 6-122 through 6-127, Chapter 6 are hereby revoked and replaced with the following Ordinance 6-104, 6-108, and 6-122 through 6-142 which reads as follows:

 

SECTION 6-104 DOGS; OWNER DEFINEDOwner means any person, partnership, corporation or other legal entity owning, harboring or keeping any animal, or in the case of a person under the age of eighteen (18), that person's parent or legal guardian.  An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.

SECTION 6-108 DOGS; VICIOUS.  It shall be unlawful for any person to own, keep, or harbor any dog of a dangerous or ferocious disposition that habitually snaps or manifests a disposition to bite, without the said dog being securely held by a chain not over eight (8’) feet long.  If any vicious or dangerous dog is held, confined, or allowed to run at large, the Village personnel shall have the authority to put the dog to death. 

SECTION 6-122. AUTHORIZATION. This Ordinance is enacted pursuant to the general police power, the authorities granted to cities and villages by the Nebraska State Constitution and statutes.

SECTION 6-123. PURPOSE AND INTENT. The purposes of this Ordinance are to promote the public health, safety, and general welfare of the citizens of the Village of Trenton.  It is intended to be applicable to “dangerous” dogs, as defined herein, and to regulate dogs that are commonly referred to as “pit bulls,” as defined herein, by ensuring responsible handling by their owners through registration, confinement, and liability insurance.

SECTION 6-124. DEFINITIONS. When used in this Ordinance, the following words, terms, and phrases, and their derivations shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a)        Animal control officer means any person employed or appointed by the Village who is authorized to investigate and enforce violations relating to animal control or cruelty under the provision of this Ordinance.

(b)        “Running at large” shall mean any dog found off the premises of the owner, and not under control of the owner, or a responsible person, either by leash, cord, chain, wire, rope, cage, or other suitable means of physical restraint.

 (c)       Dangerous dog means any dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would  constitute a danger  to human life, physical well-being, or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term "dangerous dog" includes any dog that   according   to   the   records   of   the Village Clerk, the Village Department of Animal Control, or any law enforcement agency:

(1)        Has aggressively bitten, attacked, endangered, or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any of the above-referenced authorities;

(2)        Has severely injured or killed a domestic animal while off the owner's property; or

(3)        Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.

(d)        Direct control means immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is  at  all times fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered direct control when  the dog  is actually  participating in training or in an official showing, obedience, or  field event Direct  control shall not be required  of  dogs actually participating in a legal sport in an authorized  area or to government  police  dogs.

(e)        Director means the Chairman of the Village Board and Department of Animal Control shall consist of the Chairman of the Village Board, the other Village Board members and the animal control officer.

(f)        Impoundment means the taking or picking up and confining of an animal by any police officer, animal control officer or any other public officer  under  the provisions  of this Ordinance.

(g)        Muzzle means a device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.

(h)        Pit bull dog means and includes any of the following dogs:

            (1)        The Staffordshire Bull Terrier breed of dogs.

            (2)        The American Staffordshire Terrier breed of dogs.

            (3)        The American Pit Bull Terrier breed of dogs.

(4)        Dogs that have the appearance and characteristics of being predominately of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.

(i)         Owner means any person, partnership, corporation or other legal entity owning, harboring or keeping any animal, or in the case of a person under the age of eighteen (18), that person's parent or legal guardian.  An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.

(j)         Sanitary condition means a condition of good order and cleanliness to minimize the possibility of disease transmission.

(k)        Under restraint means that an animal is secured by a leash, led under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises.

SECTION 6-125. PROCEDURE FOR DECLARING A DOG DANGEROUS.

(a)        An animal control officer or any adult person may request under oath that a dog be classified as dangerous as defined in Section 6-124(c) by submitting a written complaint on a form approved by the Director to the Department of Animal Control. Upon receipt of such complaint, the Director shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.

(b)        At the conclusion of an investigation, the Director may:

(1)        Determine that the dog is not dangerous and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner; or

(2)        Determine that the dog is dangerous and order the owner to comply with the requirements for keeping dangerous dogs set forth in Section 6-130, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within ten (10) business days after a final determination that a dog is dangerous, the Director may cause the dog to be humanely destroyed.

SECTION 6-126. NOTIFICATION OF DANGEROUS DOG DECLARATION.

(a)        Within five (5) business days after declaring a dog dangerous, the Director shall notify the owner by certified mail or personal service by law enforcement or animal control officer of the dog's designation as a dangerous dog and any specific restrictions and conditions for keeping the dog, as set forth in Section 6-130 of this Ordinance. The Director also shall notify the Sheriff’s Department of the designation of any dog as a dangerous dog. Such notification shall describe the dog and specify any particular requirements or conditions placed upon the dog owner.

(b)        The notice shall inform the dog owner that he may request, in writing, a hearing to contest the Director's finding and designation within five (5) business days after delivery of the dangerous dog declaration notice.

(c)        If the Director cannot with due diligence locate the owner of a dog that has been seized pursuant to this Ordinance, the Director shall cause the dog to be impounded for not less than five (5) business days. If after five (5) days, the owner fails to claim the dog, the Director may cause the dog to be humanely destroyed.

SECTION 6-127. HEARING ON DANGEROUD DOG DECLARATION.

(a)        The Department of Animal Control shall hold a hearing within fifteen (15) business days after receiving the dog owner's written request for such a hearing. The Department shall provide notice of the date, time and location of the hearing to the dog owner by certified mail or personal service by law enforcement or animal control officer and to the complainant by regular mail.

(b)        At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog's dangerousness. Criteria to be considered in a hearing required by this Section shall include but not be limited to the following:

(1)        Provocation,

(2)        Severity of attack or injury to a person or domestic animal,

(3)        Previous aggressive history of the dog,

(4)        Observable behavior of the dog,

(5)        Site and circumstances of the incident, and

(6)        Statements from interested parties.

(c)        A determination at a hearing that the dog is in fact a dangerous dog as defined in Section 6-124(c) shall subject the dog and its owner to the provisions of this Ordinance.

(d)        Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this Ordinance.

SECTION 6-129. APPEAL FROM DANGEROUS DOG DECLARATION. If the Director determines that a dog is dangerous at the conclusion of a hearing conducted under Section 6-127, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten (10) days after receiving notice that the dog has been finally declared dangerous. The appeal must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the Director's determination of dangerousness.

SECTION 6-130. KEEPING OF DANGEROUS DOGS. The keeping of a dangerous dog as defined in Section 6-124(c) shall be subject to the following requirements:

(a)        Leash. No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other proper enclosure unless such dog is securely attached to a leash not more than four (4) feet in length. No such person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash.

(b)        Muzzle. It shall be unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog's breathing or vision.

(c)        Confinement. Except when leashed and muzzled as provided in this Section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall  provide  adequate  exercise  room,   light  and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:

(1)        The structure must have secure sides and a secure top, or all sides must be at least eight (8) feet high;

(2)        The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than one (1) foot into the ground; and

(3)        The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.

(d)        Indoor Confinement. No dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(e)        Signs. All owners, keepers or harborers of dangerous dogs shall display in a prominent place on their premises a sign easily readable by the public using the words "DANGEROUS DOG."

(f)        Liability Insurance, Surety Bond.  The owner of a dangerous dog shall present to the Department of Animal Control proof that he has procured liability insurance or a surety bond in the amount of not less than one hundred thousand dollars ($100,000) covering any damage or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring that the Village be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, terminate or expires. The liability insurance or surety bond shall be obtained prior to the issuing of a permit to keep a dangerous dog. The dog owner shall sign a statement attesting that he shall maintain and not voluntarily cancel the liability insurance policy during the twelve (12) month period for which a permit is sought, unless he ceases to own or keep the dog prior to the expiration date of the permit period.   In the event that the owner proves to the satisfaction of the Department of Animal Control that insurance is not available, he/she shall pay a non-refundable cash fee in the amount of one thousand dollars ($1,000) to the Village.

(g)        Animals Born of Registered Dogs. All offspring born of dangerous dogs registered with the Department of Animal Control also must be registered with the Department within six (6) weeks of birth.

(h)        Notification of Escape. The owner or keeper of a dangerous dog shall notify the Department of Animal Control immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.

(i)         Failure to Comply. It shall be unlawful and a misdemeanor for any owner of a dangerous dog registered with the Department of Animal Control to fail to comply with the requirements and conditions set forth in this Section. Any dog found to be in violation of this Section shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this Ordinance shall result in the revocation of the dog’s license and the permit providing for the keeping of such animal.

SECTION 6-131. PERMIT AND TAG REQUIREMENTS FOR A DANGEROUS DOG.

(a)        The owner of a dangerous dog shall, within three (3) business days after the classification of the dog as dangerous or upon acquisition of such a dog, obtain an annual permit from the Department of Animal Control to harbor the dog. The fee for such permit shall be twenty dollars ($20.00) per year.

(b)        At the time the permit is issued, a red Dangerous Dog tag shall be issued to the owner of    the dangerous dog. The tag shall be worn at all times by the dog to clearly and easily identify it as a dangerous dog.

(c)        The permit for maintaining a dangerous dog shall be presented to an animal control officer upon demand.

SECTION 6-132. PIT BULL DOGS PRESUMED DANGEROUS. There shall be an irrefutable presumption that any dog registered with the Department of Animal Control as a pit bull dog is a dangerous dog and is therefore subject to the requirements of this Ordinance.

SECTION 6-133. NOTIFICATION OF INTENT TO IMPOUND.

(a)        When the Director of Animal Control or his designee intends to impound a dog declared to be dangerous for violation of Section 6-130 he shall notify the owner or custodian of the dog, by certified mail or personal service by law enforcement or animal control officer, of the intended impoundment at least five (5) business days prior to the intended impoundment, except as provided in Section 6-134.

(b)        The notice of intent to impound shall inform the owner or custodian of the dog that he may request in writing, within five (5) business days prior to the intended impoundment, a hearing to contest the intended impoundment and finding of violation.

(c)        Upon request by the owner or custodian of the dog for a hearing pursuant to subsection (b), a hearing shall be held within ten (10) business days after the request for a hearing. Notice of the date, time and location of the hearing shall be provided by certified mail or personal service by law enforcement or animal control officer to the dog's owner or custodian requesting such hearing.

(d)        If the owner or custodian requests a hearing pursuant to subsection (b), no impoundment shall take place until conclusion of the hearing, except as authorized in Section 6-134.

SECTION 6-134. IMMEDIATE IMPOUNDMENT.

(a)        A dog declared to be dangerous may be immediately impounded without a pre-impoundment hearing when the Director of Animal Control or his designee determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of Section 6-124 or  when  the dog bites  a person  or domestic  animal.

(b)        The owner or custodian of the dog immediately impounded pursuant to subsection (a) shall be notified of the impoundment by certified mail or personal service by law enforcement or animal control officer within five (5) business days after the dog's impoundment.

(c)        The notice of impoundment shall inform the owner or custodian of the dog that he may request, in writing, a hearing to contest the impoundment within five (5) business days after the mailing of the notice of impoundment.

(d)        Upon request by the owner or custodian of the dog for a hearing under subsection (c), a hearing shall be held within ten (10) business days after such request. Notice of the date, time and location of the hearing shall be provided by certified mail or personal service by law enforcement or animal control officer to the dog owner requesting the hearing.

SECTION 6-135. IMPOUNDMENT HEARING.

(a)        If after a hearing on impoundment, the Director or his designee finds no violation of Section 6-124, or that the dog has not bitten an individual, the dog shall be returned to its owner or custodian if already impounded, or shall not be impounded as intended.

(b)        Incident to the findings and conclusions made at the impoundment hearing, the Director or his designee may impose reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and the animal. Such conditions may include, but shall not be limited to:

(1)        Posting of bond or other proof of ability to respond in damages;

(2) Specific requirements as to size, construction and design of a kennel in which to house the dog;

(3)        Requirements as to type and method of restraint and/or muzzling of the dog;

(4)        Photo identification or permanent marking of the dog for purposes of identification; and

(5) Payment of reasonable fees to recover the costs incurred by the Department of Animal Control in ensuring compliance with this Ordinance.

SECTION 6-136. DESTRUCTION.

(a)        The Director of Animal Control or his designee may order the destruction of a dog that it determines to be extremely dangerous to public health or safety, a dog that has made an extremely vicious attack upon an individual, or a dog declared dangerous whose owner is unable or unwilling to adequately restrain it.

(b)        The Director or his designee shall give written notice by certified mail or personal service by law enforcement or animal control officer of his intention to destroy such dog to the owner or custodian of the dog, who may request in writing, within ten (10) business days after delivery of such notice, a hearing to contest the  intended destruction.

(c)        If no hearing is requested pursuant to subsection (b), the dog shall be destroyed pursuant to applicable provisions of law.

(d)        If a hearing is requested pursuant to subsection (b), such hearing shall be held within ten (10) business days after the request; and the dog shall not be destroyed prior to the conclusion  of  the hearing.

(e)        The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the Village to humanely and safely keep the animal during any legal proceedings.

SECTION 6-137. APPEAL FROM ORDER OF HUMANE DESTRUCTION.

If the Director or his designee orders a dangerous dog to be humanely destroyed pursuant to Section 6-136, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten (10) days after receiving notice of the destruction order. If an appeal is timely filed, the Director shall suspend the destruction order pending the final determination of the court. The appeal hearing must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the Director's destruction order.

SECTION 6-138. CHANGE OF OWNERSHIP.

(a)        Any owner of a dangerous dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within ten (10) business days after such change of ownership or residence, provide Written notification to the Department of Animal Control of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog's classification as dangerous to the person receiving the dog. The previous owner shall furnish a copy of such notification to the Department of Animal Control along with written acknowledgment by the new owner of his receipt of such notification. The Director of Animal Control or his designee shall notify the Sheriff’s Department of any changes of ownership, custody or residence of the dog within three (3) business days after receiving the required information from the previous dog owner.

(b)        Any person receiving a dog classified as dangerous must obtain the required permit, tag and enclosure prior to acquisition of the dog. The new owner shall comply fully with the provisions of this Ordinance pertaining with obtaining liability insurance, payment of fees, and maintenance, control and ownership of a dangerous dog.

SECTION 6-139. CONTINUTION OF DANGEROUD DOG DECLARATION. Any dog that has been declared dangerous by any agency or department of this Village, another municipality, county, or state shall be subject to the provisions of this Ordinance for the remainder of its life. The person owning or having custody of any dog designated as a dangerous dog by any municipality, county, or state government shall notify the Department of Animal Control of the dog's address and conditions of maintenance within ten (10) days   of   moving   the   animal   into   the   Village of Trenton. The restrictions  and  conditions  of maintenance of any dog declared dangerous by this Village, another municipality, county, or state shall remain in force while the dog remains in the Village.

SECTION 6-140. CONFLICTING ORDINANCES. All other ordinances of the Village of that are in conflict with this Ordinance are hereby repealed to the extent of such conflict.

SECTION 6-141. SEVERABILITY. The provisions of this Ordinance are declared to be severable. If any section, sentence, clause, or phrase of the Ordinance shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but they shall remain in effect; it being the legislative intent that this Ordinance shall remain in effect notwithstanding the validity of any part.

SECTION 6-142. DOGS AND CATS; NUISANCE. The keeping, harboring, feeding, or ownership of more than three dogs six months of age or older, or more than three cats six months of age or older within the corporate limits of the Village is unlawful, and declared to be a nuisance.

This Ordinance shall be in full force and effect from and after its passage, approval and publication according law.

 

Passed and approved this 12th day of April, 2016.

 

John A. Rundel, Chairman

Attested to:

Wendy L. McKain, Village Clerk

 

New Business: Motion made by Poppert and second by McArthur to sign the proclamation for sexual assault awareness month. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes.  Motion carried.

 

PROCLAMATION

 

            WHEREAS, sexual violence affects every child and adult in Trenton, as a victim/survivor or as a family member, significant other, neighbor, employer and/or co-worker of a victim/survivor; and

 

            WHEREAS, Sexual Assault Awareness Month is intended to draw attention to the fact that sexual violence is a devastating and intolerable crime affecting all races, ages, cultures, economic situations and abilities; and

 

WHEREAS, sexual violence is a major social problem in homes, schools and communities across the nation, resulting in countless physical, mental and other health consequences; and

 

WHEREAS, no one person, organization agency or community can eliminate sexual violence on their own, but we can work together to educate our entire population about what can be done to prevent sexual violence, support victim/survivors and their significant others, help hold perpetrators accountable, and increase support for agencies providing services to victims/survivors; and

 

WHEREAS, it is important to encourage healthy, non-violent interactions and diminish aspects of society that promote and support sexual violence; and

 

WHEREAS, Sexual Assault Awareness Month provides an excellent opportunity for citizens to learn more about preventing sexual violence; and

 

WHEREAS, Domestic Abuse Sexual Assault Services is dedicated to the elimination of sexual violence through prevention and community action throughout southwest Nebraska, promoting equality, safety and respect among all individuals and helping to empower all sexual assault victims/survivors.

 

NOW THEREFORE, I, John A. Rundel, Chairperson, do hereby proclaim the Month of April as Sexual Assault Awareness Month in the Village of Trenton and urge the citizens of our community to help eliminate sexual violence by working together to support victims/survivors and promote social change.

 

In witness thereof I have hereunto

Set my hand and caused this seal to be affixed

 

Signed this 12th day of April, 2016

 

ATTEST:

Wendy L. McKain                                                                   John A. Rundel

Village Clerk/Treasurer                                                           Chairman Board of Trustees

 

Motion made by McArthur and second by Poppert to sign the proclamation for Arbor Day. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes.  Motion carried.

 

PROCLAMATION

 

            WHEREAS, In 1872 Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and

 

            WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and

 

WHEREAS, Arbor Day is now observed throughout the nation and world; and

 

WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and

 

WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and

 

WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and

 

WHEREAS, trees are a source of joy and spiritual renewal; and

 

WHEREAS, Trenton has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree-planting ways.

 

NOW THEREFORE, I, John A. Rundel, Chairperson, do hereby proclaim the 29th day of April, 2016 as Arbor Day in the Village of Trenton and urge the citizens to support efforts to care for our trees and woodland and to support our village’s community forestry program, and

 

FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations.

 

In witness thereof I have hereunto

Set my hand and caused this seal to be affixed

 

Signed this 12th day of April, 2016.

 

ATTEST:

Wendy L. McKain                                                                   John A. Rundel

Village Clerk/Treasurer                                                           Chairman Board of Trustees

 

Motion made by Neely and second by Poppert to sign the proclamation for Clerk’s Week. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes.  Motion carried.

 

PROCLAMATION

 

            WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and

 

            WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and

 

WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and

 

WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all.

 

WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community.

 

WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, country and international professional organizations.

 

WHEREAS, It is most appropriate that we recognize the accomplishment of the Office of the Municipal Clerk.

 

NOW THEREFORE, I, John A. Rundel, Chairperson of Village of Trenton Board of Trustees, do hereby proclaim the week of May 1, 2016 through May 7, 2016, as Municipal Clerks Week and further extend appreciation of our Municipal Clerk, Wendy L. McKain and Deputy Clerk, Samantha Rife, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.

In witness thereof I have hereunto

Set my hand and caused this seal to be affixed

 

Signed this 12th day of April, 2016.

 

ATTEST:

Wendy L. McKain                                                                   John A. Rundel

Village Clerk/Treasurer                                                           Chairman Board of Trustees

 

Discussion was made on the summer hours for the Tree Branch Site.  Motion made by McArthur and second by Neely for the site to be open on Tuesday, Thursday, and Saturday from May to October 2016 and a free clean-up day for May 7, 2016. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes.  Motion carried.  Discussion was made on the insurance policy for the Riverside Arena.  Motion made by Neely and second by McArthur to sign the policy and use keno funds for payment of $2,043.52. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes.  Motion carried.  Two volunteer fire fighter applications were received.  Motion made by McArthur and second by Poppert to accept and approve the applications of C. Baker and J. Heffner for village firefighter.  Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes.  Motion carried.  Motion made by Neely and second by Poppert to enter into executive session at 7:50pm to discuss employee evaluations and performance. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes.  Motion carried.  Motion made by Neely and second by McArthur to exit out of executive session at 8:25pm. Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes.  Motion carried.  Discussion was made on wages.  Motion made by Neely and second by McArthur to increase clerk/treasurer to $20.44 per hour, deputy clerk to $10.42 per hour, utility superintendent to $21.26 per hour, maintenance person to $14.94 per hour, and trash/mowing person to $10.61 per hour beginning April 18, 2016.  Ayes: McArthur, Neely, Poppert, and Rundel. Nays: None. Absent: Frakes.  Motion carried.  Discussion was made on the deputy clerk becoming a full-time position effective June, 2016.

 

Correspondence: Arbor Day Foundation, El Dorado Newsletter, Domestic Abuse/Sexual Assault Services, PIREPS Newsletter, Quail Forever, Rural Electric Nebraska, Tree City USA Bulletin #12, USDA News Release – Loans & Grants, Utility Service Group – 2017 tank cleaning, Zero Waste Webinar Series

Motion made by Neely and second by McArthur to approve Operating claims, KENO claims, and Library claims. Ayes: McArthur, Neely, Poppert, and Rundel.  Nays: None. Absent: Frakes.  Motion carried.

 

OPERATING CLAIMS:

1.     payroll (2 pay periods).............................................................................. $11,577.03

2.    EFTPS, FED (March payroll tax).................................................................. 2,728.14

3.    NE Dept. of Revenue (March payroll tax)....................................................... 324.21

4.    NE Dept. of Revenue (March sales tax)....................................................... 3,401.83

5.    Aflac (Sup. Ins. April).......................................................................................... 32.70

6.    American Agricultural Lab (water samples)....................................................... 17.50

7.    American Funds (March IRA).......................................................................... 213.92

8.    Blue Cross Blue Shield (March premium medical/dental)............................ 1,648.85

9.    C&K Distributers (parts)...................................................................................... 33.44

10.  City of McCook (transfer station tickets)...................................................... 2,139.00

11.  Colonial Life (Sup. Ins.)...................................................................................... 40.48

12.  D & L Pest Control.............................................................................................. 53.00

13.  Dewey, Nadine (library payroll)........................................................................ 290.90

14.  Eakes Office Plus (Printer).............................................................................. 450.00

15.  Evans, Larry (library payroll)............................................................................ 265.96

16.  Farmers Co-op (fuel/shop supplies)................................................................. 822.56

17.  Farmers Co-op (Prepaid Propane).........................................................................

a.    Library.................................................................................................... (38.94)

b.    Sewer Plant......................................................................................... (295.00)

18.  First Bankcard (software, parts)....................................................................... 180.19

19.  Frakes, Richard (Mileage, Key)......................................................................... 60.60

20.  Gebers, Allen (Key refund)................................................................................. 10.00

21.  Great Plains Communications (Phone/internet)............................................... 354.16

22.  Harders Skidsteer (bobcat oil/filters)................................................................ 114.43

23.  Hay, Billy (building repairs)............................................................................ 1,192.50

24.  Hitchcock County Treasurer (1st half 2015 Taxes)............................................ 71.32

25.  Huber, Renae (Refund – El)............................................................................... 54.51

26.  Ideal Linen Supply (shop towels)........................................................................ 17.26

27.  J.P. Cook (Animal Tags).................................................................................... 62.76

28.  JacobsenOrr (Legal fees)................................................................................. 822.85

29.  Janousek, Les (Key refund)............................................................................... 10.00

30.  Lang Diesel (mower parts)............................................................................... 178.66

31.  League Assoc Risk Mgmt (Wrks comp audit).............................................. 1,662.19

32.  Lifetime Benefit solutions (March vision premium)............................................ 53.34

33.  MARC (towels)................................................................................................... 71.69

34.  MNB (March IRA)............................................................................................ 332.16

35.  Midlands Toxicology (random test).................................................................... 95.00

36.  National Insurance (March life, ad&d prem)...................................................... 19.17

37.  NE Dept. Public Health (pool operator class, McKain,Vrbas)............................ 80.00

38.  NE Dept of Revenue (Lottery License)............................................................ 100.00

39.  OneCall (locates)................................................................................................ 22.95

40.  Orscheln (shop supplies).................................................................................... 24.99

41.  Pedersen, Barry (Key refund)............................................................................ 10.00

42.  Schroeder & Schroeder (Attorney fees)....................................................... 1,967.57

43.  Scoop Media (Publications/subscription)......................................................... 971.10

44.  Southwest Fertilizer (Prepaid propane)

a.    Fire Barn........................................................................................... (2,862.09)

b.    Light Plant............................................................................................ (373.95)

45.  SWPPD (Mar billing $40,546.51; airport $28.52; north well $182.46;

south well $421.13)...................................................................................... 41,178.62

46.  Top Office (copier supplies)............................................................................. 111.33

47.  Verizon (March billing)...................................................................................... 177.65

48.  Village of Trenton (utilities)............................................................................ 2,581.58

49.  W Design Associates (Superintendent fees)................................................. 1,000.00

50.  Wayne’s Tree Service (ball park tree trimming)........................................... 3,000.00

51.  Whaley, Dean (key refund)................................................................................ 20.00

52.  Yonkers, Bob (key refund)................................................................................. 10.00

 

EDM CLAIMS (EDM Checking Account):

         NONE

 

KENO CLAIMS (Keno Checking Account):

         K1. Amfirst Insurance Services (Arena Ins renewal).......................................... 2,043.52

 

LIBRARY CLAIMS (Library checking account):

         L1. First Bankcard (amazon purchases) ................................................................ 206.06

         L2. Petty cash (per L. Evans no check to be issued for napkins/plates).................... 6.59

 

With no further business, motion made by McArthur and second by Neely to adjourn meeting at 8:40pm.  Ayes: McArthur, Neely, Poppert and Rundel.  Nays: None.  Absent: Absent.  Motion carried.

 

Next regular meeting will be May 10, 2016 at 6:30pm in the Village Office.

 

 

                                                                                                                                                           

John A. Rundel, Chairman

Trenton Board of Trustees

ATTEST:

 

                                                           

Wendy L. McKain, Village Clerk



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